Bearden v. Alameda County

Opinion

1 2 3 6 JEROME BEARDEN, 7 Case No. 19-cv-04264-KAW Plaintiff, 8 Vv. ORDER TERMINATING MOTION TO 9 DISMISS; DISCHARGING ORDER TO Defendant. Re: Dkt. No. 9 11 12

13 On November 20, 2019, Defendant Alameda County filed a motion to dismiss Plaintiff

v 14 || Bearden’s initial complaint. (Dkt. No. Re: Dkt. No. 9.) On December 13, 2019, Plaintiffs filed an © 15 amended complaint. (Dkt. No. Re: Dkt. No. 15.) 16 Under Rule 15(a)(1)(B), a party may amend its pleading once as a matter of course within

= 17 || 21 days of being served with a motion under Rule 12(b). The deadline is extended by three days

18 when a party is served by mail. See Fed. R. Civ. P. 6(d); Spengler v. Machado, CV 17-2078-DOC 19 (SP), 2018 U.S. Dist. LEXIS 228166, at *3-4 (C.D. Cal. Mar. 23, 2018). Because the amended 20 complaint was timely filed, the Court terminates the pending motion to dismiss, as the operative 21 complaint is now the amended complaint. 22 In light of the amended complaint, the Court DISCHARGES the December 10, 2019 order 23 to show cause. 25 Dated: December 13, 2019 26 vt ah I ) Timah KANDK§ A. WESTMORE United States Magistrate Judge 28